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The Arrangement of Internet Infringement in the Tort Liability Law

Author: XuWei
Tutor: LiuManDa
School: Ningbo University
Course: Civil and Commercial Law
Keywords: internet infringement the tort liability law the arrangement in law
CLC: D923.3
Type: Master's thesis
Year: 2010
Downloads: 242
Quote: 0
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Abstract

The tort liability law has been passed in december 26th 2009 and internet infringement is ruled in article 36. The arrangement of internet infringement in tort liability law mainly involves four problems: the definition of internet infringement, whether or not internet infringement should be regulated in the tort liability law, the content and the arrangement mode of internet infringement in the tort liability law. The former two is foundation of the problem and the latter two is the key points.From several scholars’point of view, the internet infringement can be understood in two ways: the general understanding and the narrow understanding, and both have its own value. By the analysis of classification of internet infringement, it is a good way to establish the internal system of internet from two parts of infringement single infringement and joint infringement. The clause 1 article 36 in tort liability law should be deleted.Although internet infringement has not been regulated in civil code in other countries, from the perspective of conception and legislation, it is necessary that internet infringement should be laid down clearly in the tort liability law. The view of rights and obligations in the traditional tort law has been challenged in the internet, and the characteristics of internet infringement meet the criterion of classification of tort behaviors. Moreover, the phenomenon of deficiency of validity and the mixture of public law and private law reflected from the stipulation of internet infringement in our law also shows the necessity to regulate the internet infringement in the tort liability law.According to the empirical analysis of internet infringement in the current legislation and the draft of tort liability law, the tort liability of internet service provider, the liability of infringing computer system and the liability of infringing personal information are the most important content to be regulated in the tort liability law, and should be added when the law revised.The arrangement mode of internet infringement in the tort liability law mainly includes three ways: separate mode, typical mode and mixed mode, and each of them have its own advantages and disadvantages. Typical mode is the best one among them, so it should be adopted in our tort liability law when it revised.

The Arrangement of Internet Infringement in the Tort Liability Law

Abstract

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